Deck 4: Business and the Constitution

Question 1

The judicial branch has the power to hold actions of the other branches of government unconstitutional.

Answer 1

True

Question 2

The Second Amendment to the U.S.Constitution reserves all powers not delegated to the national government to the states.

Answer 2

False

Question 3

Under the Constitution,the judicial branch is responsible for foreign affairs.

Answer 3

False

Question 4

The Eighth Amendment prohibits excessive bail and fines.

Question 5

The checks and balances in the U.S.Constitution prevent any one branch of government from exercising too much power.

Question 6

Under the supremacy clause,a valid federal statute or regulation will preempt a conflicting state or local law or regulation on the same general subject.

Question 7

In a federal form of government,the national government shares sovereign power with the states.

Question 8

Some constitutional protections apply to business entities.

Question 9

The national government can regulate almost every commercial enterprise in the United States.

Question 10

All powers not specifically delegated to the federal government are reserved to the states.

Question 11

Under the Constitution,the judicial branch makes the laws.

Question 12

The Constitution expressly delegated to the states the power to regulate interstate commerce.

Question 13

The President determines the jurisdiction of the federal courts.

Question 14

The term police power encompasses just the enforcement of criminal laws.

Question 15

The Constitution permits Congress to regulate interstate commerce.

Question 16

The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.

Question 17

If a tax measure is reasonable,it is generally held to be within the national taxing power.

Question 18

The Bill of Rights protects individuals against types of interference by the federal government.

Question 19

The states can establish laws that substantially affect trade and commerce.

Question 20

The U.S.Constitution is the origin of the authority for making laws that govern business.

Question 21

The Alternative Energy Association would like a certain law enacted,administered,interpreted,and enforced in the best interest of its members,which include solar power companies.Under the Constitution,Congress​

A)administers the laws.
B)enforces the laws.
C)interprets the laws.
D)enacts the laws.

Question 22

The Constitution sets out the authority and the limits of the branches of the government.The term checks and balances means that​

A)Congress writes checks and the other branches balance the budget.
B)each branch has some power to limit the actions of the others.
C)the courts balance their authority to the other branches' checklists.
D)the president "checks" the courts,which "balance" the laws.

Question 23

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

Question 24

A law that has any impact on religion is unconstitutional.

Question 25

The U.S.Constitution explicitly mentions a general right to privacy.

Question 26

The First Amendment does not protect symbolic speech.

Question 27

A law that prohibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts under the equal protection clause.

Question 28

A law that discriminates based on gender must substantially relate to an important government objective to be valid under the equal protection clause.

Question 29

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry out its expressly designated powers.All other powers are expressly reserved to​

A)the courts.
B)the states.
C)Congress.
D)the people.

Question 30

The Fourteenth Amendment guarantees a right to due process of law.

Question 31

The First Amendment protects commercial speech more extensively than noncommercial speech.

Question 32

Under the Constitution,speech-oral,written,or symbolized by conduct-cannot be restricted in any way.

Question 33

The establishment clause requires a complete separation of church and state.

Question 34

Procedural due process requires that any government decision to take a person's property must be made equitably.

Question 35

The rights secured by the Bill of Rights are absolute.

Question 36

Savers Mart,Inc. ,distributes its merchandise to retail outlets on an interstate basis.Under the commerce clause,Congress has the power to regulate​

A)any commercial activity in the United States.
B)only activities that are in intrastate commerce.
C)only activities that are in local commerce.
D)only activities that are not in commerce.

Question 37

The First Amendment protects even speech that violates criminal laws.

Question 38

National Hospital Organization (NHO),a political lobbying group,wants a certain healthcare cost-reimbursement policy enacted into law.If NHO's policy conflicts with the U.S.Constitution,a law embodying it can be imposed by​

A)Congress.
B)a federal court.
C)the President.
D)none of the choices.

Question 39

Substantive due process limits what the government can do in its legislative and executive capacities.

Question 40

State laws protect individuals' privacy rights.

Question 41

Sustainable Agro Corporation regularly expresses opinions on political issues,including whether to ban the use of genetically modified organisms (GMOs).Under the First Amendment,corporate political speech is​

A)discouraged.
B)forbidden.
C)protected.
D)required.

Question 42

Ryan,a follower of a certain religion,sells an article to Sunday! magazine in which he insists that Congress base all federal law on his religious principles.The First Amendment guarantees Ryan's​

A)freedom of religion.
B)right to engage in interstate commerce.
C)right to due process.
D)right to privacy.

Question 43

Lake City enacts an ordinance that bans the distribution of all printed materials on city streets.Mac opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills.In his suit against Lake City,a court would likely hold the ban on printed materials to be​

A)constitutional under the First Amendment.
B)not subject to the U.S.Constitution.
C)unconstitutional under the commerce clause.
D)unconstitutional under the First Amendment.

Question 44

Brad,a citizen of California,obtains a federal license to operate a commercial fishing boat in a certain area off the coast.The California state legislature enacts a law that bans all commercial fishing in that area.The state law most likely violates​

A)no provision in the U.S.Constitution.
B)the commerce clause.
C)the due process clause.
D)the supremacy clause.

Question 45

The state of Massachusetts regulates employment,traffic,land use,and other private activities to protect or promote the public order,health,safety,and general welfare under​

A)the state's police powers.
B)the federal government's authority to regulate commerce.
C)the Bill of Rights.
D)the supremacy clause.

Question 46

George burns a U.S.flag in his backyard.He posts a video of the event on YouTube.com.George's actions are​

A)expressly prohibited by the Constitution.
B)protected by the First Amendment.
C)subject to reasonable restrictions under the due process clause.
D)given strict scrutiny under the equal protection clause.

Question 47

A decision by the federal Environmental Protection Agency (EPA)on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law.In this situation,under the supremacy clause,​

A)both the decision and the law are invalid.
B)both the decision and the law apply concurrently.
C)California's law takes precedence.
D)the EPA's decision takes precedence.

Question 48

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as​

A)the dormant aspect.
B)the regulatory aspect.
C)the substantial aspect.
D)the exclusive aspect.

Question 49

Serene City enacts an ordinance that bans the use of "sound amplifying systems" on public streets.Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck.In Tyler's suit against the city,a court would likely hold the ordinance to be​

A)an unconstitutional restriction of speech.
B)constitutional under the First Amendment.
C)justified by the need to protect individual rights.
D)necessary to protect national interests.

Question 50

Rodrick,the chief executive officer of Social Post Host Inc. ,claims that certain actions by the state of Texas infringe on rights guaranteed by the Bill of Rights.Most of these guarantees have been held to limit​

A)federal actions only.
B)federal and state actions.
C)federal and state actions,and actions by nongovernment entities.
D)actions by nongovernment entities only.

Question 51

Mary creates a design that expresses support for a particular presidential candidate and distributes t-shirts emblazoned with the design to the candidate's supporters.This is an example of​

A)unprotected speech.
B)controlled speech.
C)symbolic speech.
D)illegal speech.

Question 52

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce.In evaluating this statute,the courts will balance the burden that it imposes on interstate commerce against​

A)the courts' authority to determine that a law is unconstitutional.
B)the purpose of interstate commerce.
C)the state's interest in regulating the matter.
D)the statute's impact on noneconomic activity.

Question 53

A federal law prohibiting the use of a certain pesticide directly conflicts with a state law permitting that use.The state law will be rendered invalid due to​

A)the supremacy clause.
B)the commerce clause.
C)the equal protection clause
D)the due process clause.

Question 54

South Carolina enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be​

A)an unconstitutional restriction of speech.
B)constitutional under the First Amendment.
C)justified by the need to protect individual rights.
D)necessary to protect national interests.

Question 55

Katelyn creates a Web site to post threatening messages about celebrities.The First Amendment protects such speech​

A)all of the time.
B)none of the time.
C)only if it is noncommercial.
D)only if it is symbolic..

Question 56

Taco Hot Dogs,Inc. ,regularly advertises its products.Under the First Amendment,in comparison with noncommercial speech,the protection given these ads is​

A)equally extensive.
B)less extensive.
C)more extensive.
D)non-existent.

Question 57

A federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online.This law​

A)is expressly prohibited by the Constitution.
B)does no substantially burden free speech.
C)is subject to reasonable restrictions under the due process clause.
D)is given strict scrutiny under the equal protection clause.

Question 58

Orinoco.com,an online seller of a variety of consumer streaming products,files a suit against the state of Nevada,claiming that a Nevada state law violates the commerce clause.The court will agree if the statute imposes a substantial burden on​

A)the local government.
B)interstate commerce.
C)noneconomic activity.
D)the state.

Question 59

The members of Citizens Aware believe that a recently enacted federal law is unconstitutional.They write and sign a petition to the government to repeal the law,refuse to obey the law,and stop others from complying with the law.Under the First Amendment,citizens have a right to​

A)petition the government.
B)refuse to obey any law with which they disagree.
C)stop others from complying with the law.
D)all of the choices.

Question 60

The Rapid Transit Institute wants the federal government to spend money on inner city and inter-city light rail systems.Congress can spend revenue​

A)only to carry out Congress's enumerated powers.
B)to promote any objective that Congress deems worthwhile.
C)without regard to whether the expenditure violates the Bill of Rights.
D)without regard to whether the expenditure violates the Constitution.

Question 61

Loren stands in front of Rooster's Round-Up Café,shouting "fighting words" that are likely to incite Rooster's patrons to respond violently.The First Amendment protects such speech​

A)all of the time.
B)none of the time.
C)only if it is noncommercial.
D)only if it is symbolic.

Question 62

The police obtain a search warrant and search Jordan's apartment.After yelling obscenities at the officers,Jordan confesses to a crime and implicates his friends.The Constitution protects against​

A)obscene speech.
B)implication of others.
C)unreasonable searches.
D)none of the choices.

Question 63

Marie claims that a Nebraska state statute infringes on her "procedural due process" rights.This claim focuses on​

A)procedures used in making decisions to take life,liberty,or property.
B)the content of the statute.
C)the similarity of the treatment of similarly situated individuals.
D)the steps to be taken to protect Marie's privacy.

Question 64

Adult Shop in Bay City sells a variety of publications,including child pornography.Bay City enacts an ordinance prohibiting the sale of such materials.This ordinance is most likely​

A)an invalid restriction of individuals' privacy.
B)an unconstitutional restriction of speech.
C)a violation of adults' rights to enjoy certain privileges.
D)constitutional under the First Amendment.

Question 65

Chun operates Fresh Spring Fruits,a small market stocked entirely with produce grown on his farm.Under what clause of the Constitution can the federal government regulate Chun's activities? What is Chun's best argument against federal regulation of his farm and business?​

Question 66

Congress enacts the Ad Restriction Act (ARA)to limit advertising in certain circumstances.The ARA will be considered valid if it directly advances a substantial government interest​

A)and goes no further than necessary to achieve its purpose.
B)without regard to how "far" it goes.
C)and the parties affected by it can elect how "far" to go in applying it.
D)and goes further than necessary to ensure full coverage.

Question 67

The Wisconsin state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute,the president of xGamez,Inc. ,orders xGamez marketers to place ads in various media.When an xGamez ad appears on YUTV,a local television station,xGamez and YUTV are charged with violating the statute.What is the defendants' best defense against a conviction?​

Question 68

Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level.Price-Lo Stores files a suit to block the law's enforcement.The court would likely hold that this law violates​

A)no clause in the U.S.Constitution.
B)the establishment clause.
C)the free exercise clause.
D)the supremacy clause.

Question 69

Center City enacts an ordinance that imposes a jail term,without a trial,on all contractors who solicit business without a city permit.A court would likely review this ordinance under the principles of​

A)equal protection.
B)free exercise.
C)due process.
D)free speech

Question 70

Coffee Klatch Party Group,a political organization,files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast "annoying" radio commercials.This claim is most likely based on the right to​

A)equal protection of the law.
B)privacy.
C)procedural due process.
D)substantive due process.

Question 71

Jon,a law enforcement official,monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information.This may violate Kelsey's right to​

A)equal protection.
B)privacy.
C)due process.
D)engage in interstate commerce.

Question 72

In an effort to reduce traffic,Bay Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas.A court would likely review this ordinance under the principles of​

A)the commerce clause.
B)the equal protection clause.
C)the due process clause.
D)the First Amendment.